Mid-Autumn and National Day double celebration, soft law enforcement in many places
Compiled from The Paper
Case review
[2] On September 27, Bengbu traffic police in Anhui announced that during the 2023 Mid-Autumn Festival and National Day period, to provide the public with a warm, comfortable, and pleasant cultural tourism experience, while ensuring road traffic safety and smoothness, the traffic management department will increase the intensity and scope of "flexible law enforcement." For motor vehicle drivers with the following traffic violations, after verbal warnings and corrections, no fines, points, or vehicle seizures will be imposed: 1. Out-of-town vehicles entering one-way streets or restricted areas due to unfamiliarity with the road; 2. Vehicles parked illegally near scenic spots, hotels, restaurants, or commercial areas without obstructing traffic, which will be advised to move without towing or penalties; 3. Vehicles legally subject to seizure but with facts clarified or safety hazards eliminated on-site, generally not seized; 4. Failure to carry a driver's license or vehicle registration, if valid documents are verified; 5. Vehicles without temporary license plates properly affixed or placed as required; 6. Crossing solid lines to use opposing lanes due to congestion from accidents or construction, provided safety is ensured.
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[4] Suining in Sichuan introduced that during the 2023 Mid-Autumn Festival and National Day period (September 29 to October 6), Suining will activate a "pamper tourists" mode. For six types of minor traffic violations by non-Suining-registered small cars due to unfamiliarity with the road, the traffic police will implement a "warning-only, no penalty" measure.
[5] Additionally, to facilitate a pleasant holiday for out-of-town visitors and local citizens during the festival, from September 29 to October 6, Jingzhou traffic police in Hubei will launch a "4 no-penalty, 5 services" convenience measure.
《 [1] The People's Republic of China Administrative Penalty Law
Article 33
If an illegal act is minor and promptly corrected without causing harmful consequences, no administrative penalty shall be imposed. For a first-time illegal act with minor harmful consequences that is promptly corrected, an administrative penalty may be waived.
If the party has sufficient evidence to prove no subjective fault, no administrative penalty shall be imposed. Where other provisions are stipulated by laws or administrative regulations, those shall prevail.
If an administrative penalty is not imposed on a party for an illegal act in accordance with the law, the administrative authority shall educate the party.
[1] The author's perspective
From the above legal provisions, it can be seen that if certain conditions are met, the principle of "no penalty for first offense" can be applied. The Road Traffic Safety Law also mentions the practice of giving verbal warnings for minor violations. Returning to the present, many regions in China have explicitly stated that during the National Day holiday, minor traffic violations by out-of-town vehicles will only result in warnings rather than penalties. This not only represents a legal commitment to tourists but also demonstrates sincerity in welcoming visitors, as well as a form of empathy and understanding that can alleviate and ease the unfamiliarity and anxiety of out-of-town tourists.
For tourists, although laws and regulations allow for flexible enforcement of minor illegal acts, this does not mean that tourists can act arbitrarily. Abiding by traffic rules is a duty for every citizen and a key factor in maintaining good traffic order.
